SMT. SUMITRA SALEO ALIAS SAHOO Vs. STATE OF ASSAM TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM AND ORS.

JUDGEMENT

(1.) WRIT Appeal No. 55 of 2012 arises out of the judgment and order dated 07.6.2007 passed by the learned Single Judge in W.P. (C) No. 3571/2001, W.P. (C) No. 5436/2001, W.P. (C) No. 5385/2001 and Cont. Cas (C) No. 463 of 2001. The said writ petitions were filed by the petitioners therein challenging the cancellation of their appointments vide orders dated 13.3.2001, claiming that they had been appointed as teachers on the recommendation of a duly constituted Selection Board vide orders dated 12.3.2001 and these cancellation orders dated 13.3.2001 were issued without jurisdiction and also in violation of the principles of natural justice. On the submission made by the parties that other writ appeals involving the same issue are pending before this Court, all these writ appeals namely, W.A. No. 55 of 2012, W.A. No. 57 of 2012, W.A. No. 78 of 2009, W.A. No. 79 of 2009, W.A. No. 80 of 2009, W.A. No. 81 of 2009, W.A. No. 10 of 2008, W.A. No. 11 of 2008, W.A. No. 12 of 2008, W.A. No. 82 of 2010, WA. No. 84 of 2010, W.A. No. 85 of 2010, W.A. No. 86 of 2010, W.A. No. 108 of 2010, W.A. No. 83 of 2010 and PIL No. 57 (Suo Motu) of 2007 (D/O) were clubbed together for hearing.

(2.) IT was the case of the petitioners that the petitioners were duly selected by following rules and procedures as laid down by the Government of Assam, by the Sub -Divisional Level Advisory Board, Dibrugarh District and they were appointed against 145 posts out of 4040 posts of Assistant Teachers created in 2000 under Operation Black Board (OBB). According to the petitioners, 145 posts had remained unfilled out of 4040 posts, which were filled up by the writ petitioners and others on the basis of recommendation of the Sub -Divisional Level Advisory Board, Dibrugarh, and to their utter shock and surprise, their services were cancelled by orders dated 13.3.2001 without giving any notice to the petitioners. Being aggrieved by the aforesaid act of the respondents in cancelling the appointment of the writ petitioners, they filed the writ petition being W.P. (C) 5346 of 2001.

(3.) THIS batch of writ appeals have been tagged along with PIL No. 57 of 2007 which was disposed of by this Court on 06.4.2011 considering the fact that on the basis of police investigation made in connection with the irregularities committed in the appointment of teachers under OBB scheme in Dibrugarh District, charge -sheets were filed against six persons including the then Chairman of the Selection Board, namely, Shri Bhaben Baruah. The said PIL was initiated suo -moto by this Court on the basis of an observation made by the learned Single Judge on 08.6.2007, which is reproduced hereinbelow: - -